Sanjeet Saurabh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60955 of 2024 Arising Out of PS. Case No.-749 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
Sanjeet Saurabh Son Of Late Ram Vinod Mishra Village- Dhoi, Po- Dhoi, Ps- Sadar, Dist- Darbhanga 2.
Manjeet Saurabh Son Of Late Ram Vinod Mishra Village- Dhoi, Po- Dhoi, Ps- Sadar, Dist- Darbhanga 3.
Arvind Kumar Mishra Son Of Late Surya Narayan Mishra @ Late Ram Vinod Mishra Village- Dhoi, Po- Dhoi, Ps- Sadar, Dist- Darbhanga 4.
Pawan Kumar Mishra Son Of Late Surya Narayan Mishra @ Late Ram Vinod Mishra Village- Dhoi, Po- Dhoi, Ps- Sadar, Dist- Darbhanga ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Madhumala Kumari For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-10-2024
1. The learned counsel appearing on behalf of the petitioners submits that in the order impugned, the name of the father of petitioner nos.3 and 4 is recorded as Late Ram Vinod Mishra, when the name of the father of petitioner nos.3 and 4 is Surya Narayan Mishra as stated at Para-14 of the anticipatory bail application.
2. The learned counsel for the petitioners thus seeks permission of the Court to delete the alias name of the father of petitioner nos.3 and 4.
3. Permission is accorded.
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4. Heard learned counsel for the petitioners and learned APP for the State.
5. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 307, 504 and 379/ 34 of the Indian Penal Code.
6. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that Arvind Kumar Mishra, Pawan Kumar Mishra, Manjit Saurabh and Sanjit Saurabh along with 8-10 unknown accused came at his door and started abusing the informant and when the informant and his sister came out, the accused persons assaulted the informant and his family members with lathi, danda and iron rod on account of which, they became injured.
7. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of assault is not specific rather is general and omnibus in nature. It is next submitted that from perusal of the Annexure3 to the anticipatory bail application, it would manifest that the
3/4 injury nos.1 and 2 of Rakesh is opined to be simple and opinion with respect to injury no.3 is kept reserved, but then, the said injury records inability to move right hand. It is next submitted that injury of Laxmi Devi is simple in nature while injury nos.1 and 3 of Subhash is simple and opinion with respect to injury no.2 is reserved, which records inability to move left hand and swelling. It is next submitted that even the opinion with respect to the injury which have been reserved is on non-vital part of the body, but then, allegation of assault is not specific. It is also submitted that petitioners are not criminal and from the side of the petitioners also Darbhanga Sadar P. S. Case No.750 of 2022 has been instituted against the side of the informant.
8. Learned A.P.P. opposes the anticipatory bail application.
9. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P. S. Case
4/4 No.749 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
10.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T